Taxpayer Bill of Rights

This document is being furnished pursuant to the requirements of Act 50 of 1998 concerning the Local Taxpayers Bill of Rights Act, 53 Pa.C.S.A. §§ 8421 et seq. (“Act”). Every taxpayer is obligated to pay all taxes levied by school districts to which the taxpayer is subject. When taxes are not paid or a school district has questions about whether a taxpayer has fulfilled all tax obligations, the school district has legal rights to enforce taxpayer obligations. In conjunction with taxpayer obligations and school district rights, the Commonwealth of Pennsylvania has enacted a Local Taxpayers Bill of Rights, which grants legal rights to taxpayers, and creates obligations for school districts so that equity and fairness control how a school district collects taxes. This document is the Disclosure Statement of Souderton Area School District ("School District") as required by the Act.

This Disclosure Statement applies to eligible taxes levied by the School District. For this purpose, eligible taxes include any tax authorized under the Local Tax Enabling Act and other laws of the Commonwealth of Pennsylvania. The specific eligible taxes levied by the School District are per capita tax, earned income tax, and real estate transfer tax. Real property taxes are excluded from this disclosure statement. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE EARNED INCOME TAX IS COLLECTED AND ADMINISTERED BY A THIRD PARTY. SEPARATE PROCEDURES APPLY RELATING TO THE EARNED INCOME TAX. PLEASE CONTACT THE School District at 215-723-6061 during the School District’s normal business hours FOR ADDITIONAL INFORMATION. THIS DISCLOSURE STATEMENT AND the REGULATIONS CONTAINED HEREIN DO NOT APPLY TO THE EARNED INCOME TAX.

TAXPAYER RIGHTS AND SCHOOL DISTRICT OBLIGATIONS WHEN THE SCHOOL DISTRICT REQUESTS INFORMATION OR AUDITS TAXPAYER RECORDSMinimum Time Period For Taxpayer Response

The taxpayer has 30 calendar days from the mailing date to respond to the School District’s request for tax information.

The School District will notify the taxpayer of the procedures to obtain an extension of time in its initial request for tax information.

Upon written request, the School District will grant reasonable time extensions for good cause.

No action against the taxpayer shall be taken until expiration of the response period, including extensions.

Requests for Prior Years Returns

An initial School District request for tax information may cover only taxes required to be paid or tax returns required to be filed no more than three (3) years prior to the mailing date of the request.

The School District may make a subsequent request relating to other taxes or returns if, after the initial request, the School District determines that the taxpayer failed to file a tax return, underreported income, or failed to pay a tax for one or more of the tax periods covered by the initial request.

Use of Federal Tax Information

The School District may require a taxpayer to provide copies of federal tax returns if the School District can show that the information is reasonably necessary for enforcement or collection of a tax and the information is not available from the Pennsylvania Department of Revenue or other available sources.

A taxpayer may file a written request with the School District for a refund or credit for an eligible tax. The request must be made within three (3) years of the due date for filing the return or one (1) year after payment of the tax, whichever is later. If no return is required, the request must be made within three (3) years after the payment due date, or within one (1) year after payment, whichever is later. A tax return filed by the taxpayer showing a tax overpayment will be considered a written request for a cash refund unless the return indicates otherwise. If the taxpayer pays a tax as a result of receiving a notice of underpayment, the taxpayer must file a written request for a refund within one (1) year of the payment date. Subject to certain exceptions, the School District will pay interest, at a rate determined pursuant to the Act, from the date of overpayment until the date of resolution.

The School District must notify the taxpayer, in writing, of the basis for any underpayment determined by the School District. The notice shall include (1) the tax period or periods at issue; (2) the amount by tax period; (3) the legal basis for School District's determination; and, (4) an itemization of revisions to return or report made by the School District.

Tax Appeal Petitions
To appeal a tax assessment or denial of a refund request, the taxpayer must file a tax appeal petition ("Tax Appeal Petition") with the School District Business Office. This petition must be mailed or delivered to the attention of the Director of Business Affairs to the following: Souderton Area School District, Attention: Director of Business Affairs, Souderton Area School District, Administrative Offices, 760 Lower Road, Souderton, PA 18964.

Tax Appeal Petitions requesting a refund must be filed within the time frame set forth above under “Tax Overpayment Refunds.” The filing date will be established by reference to postmark of the United States Postal Service on or before final date of filing.

Tax Appeal Petitions appealing a tax assessment or notice of underpayment must be filed within 90 days after the date of the tax assessment or underpayment notice.

Tax Appeal Petitions must be in writing and set forth: (1) the name and address of the taxpayer; (2) the tax for which a refund is requested or which is being appealed; (3) the reasons requiring a refund or the objections to the assessment or notice of underpayment being appealed; and, (4) the facts supporting such reasons or objections. The petition must be accompanied by a notarized affidavit of the taxpayer attesting that the statements in the petition are true and that the petition is not filed for purposes of delay.

School District Decision

The School District Director of Business Affairs will conduct an administrative review of the appeal and render a decision. The taxpayer has the burden of proof on all issues. Practice and procedure is not governed by the Local Agency Law.

The School District will issue a decision on Tax Appeal Petitions within 60 days after receipt of a complete and accurate petition.

If the petition was complete and accurate when filed, the School District’s failure to render a decision within 60 days will result in the petition being deemed approved.

Appeals to Court

Any person aggrieved by a decision of the School District who has a direct interest in the decision has the right to appeal to the court vested with the jurisdiction of local tax appeals pursuant to 42 Pa.C.S. (relating to judiciary and judicial procedure).

Appeals to court must be filed in a timely fashion after the mailing date of the School District’s adverse decision.

Information gained by the School District as a result of any audit, return, report, investigation, hearing or verification shall be confidential. However, confidentiality will not preclude disclosure for official purposes, whether in connection with legal proceedings or otherwise, and will not preclude disclosure to the extent required by any applicable law.

If a taxpayer has a complaint about a School District action relating to taxes, the School District Director of Business Affairs may be contacted via mail or e-mail as described below. The Director of Business Affairs or another person designated by the Director of Business Affairs will facilitate resolution of the complaint by working with the appropriate School District personnel.

Annual Notice To Taxpayer: Any taxpayer contacted by the School District in relation to any of the procedures explained, or any taxpayer, can click here to obtain a electronic copy of the Disclosure Statement or, call the School District at 215-723-6061 during the School District's normal business hours to have a hard copy mailed at no charge.